On December 27, 2012 Federal Judge Richard A. Lazzara dismissed a
lawsuit filed November 23, 2012 in the federal court in Tampa
challenging the validity of the PIP law that became effective on January
1, 2013. The Plaintiffs are an acupuncture physician, a chiropractic
physician, two licensed massage therapists, a John Doe and a Jane Doe.

We have all heard that “New PIP” goes into effect on January 1, 2013. But, does that mean for all accidents occurring after 1/1/13? Does it mean for any treatment occurring after 1/1/13? Or does that mean for policies issued or renewed after 1/1/13?

Floridians, providers, lawyers, judges, and juries alike, are going to have to wade through the ambiguities of New PIP. We’re all in it together. Preparation is key.

Well, as much preparation as is possible with New PIP.

While we would all agree that the “new PIP” is not what Floridians need or expect, you can still be of tremendous service to your patients. Start by reading this article and avail yourself of the many tools provided by the FCA legal staff to help you. In a great new article written for the upcoming issue of the FCA Journal, FCA Assistant General Counsel Kim Driggers outlines pro-active steps you can take to deal with the transition.

CS/CS/HB 119 – the PIP bill passed by the Legislature last Friday night – is extremely confusing and is difficult to interpret and understand. FCA legal staff is working to provide the answers to your many questions.

STATE FILES MOTION TO DISMISS IN CONSTITUTIONAL CHALLENGE TO NEW PIP LAW

After
Judge Richard Lazarra last week denied Plaintiff’s request for a
temporary injunction to stop the new PIP law from going into effect on
January 1st, it gave the State time to respond to the Complaint.
Several healthcare provider Plaintiffs represented by Luke Lirot,
Esquire, of Clearwater, Florida, initially sued Florida Insurance
Commissioner, Kevin McCarty, in State Court but then voluntarily
dismissed the lawsuit and filed the same/similar lawsuit with different
provider plaintiffs in Federal Court, Middle District of Florida.

Judge Richard A. Lazzara, Federal Judge, Middle District of Florida, issued a 9-page Order denying the Motion for Temporary Injunction in the lawsuit filed by Luke Lirot, Esquire, originally in Leon County State Court but recently dismissed and filed in Federal Court.

CS/CS/HB 119 – the PIP bill passed by the 2012 Legislature – is extremely confusing and is difficult to interpret and understand. FCA legal staff continues to work daily to provide the answers to members’ many questions and to update information as it becomes available.